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(영문) 울산지방법원 2019.10.24 2019고단2423
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant: (a) discovered a loan to raise living expenses; (b) reported and contacted advertisements for unauthorized loan on the Internet; and (c) obtained the expression that “B” will be 1.5 million won to receive a loan from “B; and (d) paid KRW 1.5 million to “B; and (c) obtained a loan from “B” through an installment financing contract, as the scenario is notified by the “B,” the Defendant attempted to obtain a cargo vehicle transport certificate and obtain a cargo vehicle transport business by deceiving the lending company as if he/she was carrying on the transportation business using the cargo.

On February 13, 2018, the Defendant entered into a vehicle installment contract with E, a staff member in charge of loans for the victim D Co., Ltd. at the car page located on the 1st floor in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City on February 13, 2018, the Defendant concluded a false statement to the effect that “FACTRSOS loans of KRW 130 million out of the vehicle price for the large special freight cars and operates the vehicle for 60 months on the face of the week, and reimburses the principal and interest of each month. At present, the Defendant would be able to pay KRW 2,755,723 of each month.”

However, in fact, the defendant thought that he would borrow money from the victim company using the vehicle installment loan system, and the defendant did not intend to actually operate the above cargo vehicle as stated in E, so even if he received money from the victim company as the purchase price for the vehicle, he did not have the intention or ability to repay the loan with the profits.

As above, the Defendant, by deceiving the victim on February 14, 2018, received KRW 130 million as an enterprise bank account under H’s name for loans, and received KRW 64,925,00 among them, as the I bank account under the name of the Defendant.

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